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  • In the Interest of K. F.

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anton L. Rowe Rowe & Rowe & Thomas LLC, Stone Mountain, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas L. Williams, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1111

    The juvenile court judge lacked jurisdiction to modify the juvenile's commitment order on the grounds raised-significant changes and rehabilitation-under O.C.G.A. § 15-11-40 b, since the juvenile wa

  • Buggle v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steve B. Mizerak, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A09A1416

    The defendant was not entitled to a sua sponte charge on no duty to re

  • Atlanta Bread Co. Int'l Inc. v. Lupton-Smith

    Publication Date: 2009-07-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David M. Monde, Lucas W. Andrews Jones Day, Atlanta, and Douglas R. Cole, Columbus, Ohio, for appellant.
    for defendant: R. Randy Edwards, Scott A. Cochran Cochran & Edwards LLC, Smyrna, for appellees. Amicus appellant: William K. Whitner, Noelle Aagueux-Alvarez and John G. Parker Paul, Hastings, Janofsky & Walker LLP, Atlanta.
    Case Number: S08G1815

    A restrictive covenant in a franchise agreement was unreasonable as a matter of law, because it contained shifting and expanding territorial restric

  • Duke v. State

    Publication Date: 2009-07-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Macklyn A. Smith, Lawrenceville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Kevin T. McMurry, Newnan, for appellee.
    Case Number: A09A0721

    The evidence presented at trial raised more than a mere suspicion that the defendant was guilty of repeatedly raping his dau

  • Fortis Ins. Co. v. Kahn

    Publication Date: 2009-06-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory F. Harley Burr & Forman LLP, Atlanta, and Frank G. Burt Jorden Burt LLP, Washington, D.C., for appellant.
    for defendant: . Roy E. Barnes, John R. Bevis The Barnes Law Group, Marietta, Philip W. Savrin, Jacob E. Daly Freeman, Mathis & Gary LLP, Atlanta, L. Andrew Hollis and Steven W. Couch Hollis & Wright PC, Birmingham, Ala., for appellee.
    Case Number: A09A0486

    The trial court did not abuse its discretion in finding that common i of law and fact predominate over individual i

  • Robinson v. State

    Publication Date: 2009-06-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0557

    The trial court did not abuse its discretion in recharging the jury in response to the foreman's report that half of everybody wanted more evi

  • Johnson v. State

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A0281

    The jury was entitled to draw an inference from defendant's possession of a stolen

  • Davis v. State

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A09A0657

    The arresting officer did not exceed the scope of a consent search by unlocking a vehicle's trunk, since the officer put the driver on notice that he was looking for contr

  • Gipson v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Marietta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0544

    The state's lead investigator's testimony that the defendant chose to ' "invoke his Miranda Rights and did not want to speak without an attorney," ' had no direct bearing on the defendant's defense

  • Hammett v. State

    Publication Date: 2009-04-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A09A0460

    The defendant failed to show an abuse of discretion or manifest injustice necessary to withdraw his negotiated guilty pleas after he was sent